Law: Penal Code (XLV of 1860)

Section: 302,34

Penal Code (XLV of 1860)--- ----Ss.302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Appeal against acquittal---Contradiction in medical and ocular evidence---Sending of empties along with weapon on the fifth day of recovery---Effect---Accused persons were alleged to have murdered the brother of complainant---Post-mortem report did not lend corroboration to the ocular evidence rather it contradicted the eye-witnesses who had stated that the accused had fired from the distance of 1 or 2 paces but there was no charring and blackening on the injury---Empty collected on the day of incident was sent along with the pistol on the fifth day of its recovery---Prosecution had failed to prove guilt of the accused, as such Trial Court had no option but to acquit the accused of the charge---Appeals against acquittal was dismissed, in circumstances. Saleem Akhtar Malik's case 1999 SCMR 114; Criminal Shariat Appeal No.7 of 2017 and Haji Paio Khan v. Sher Biaz and others 2009 SCMR 803 rel. THIS ORDER PASSED BY: ABDUL MOBEEN LAKHO, J---Instant Crl. Acquittal Appeal is directed against the judgment dated 22-11-2018 passed by Additional Sessions Judge Ubauro in Sessions Case No. 270 of 2013 Re. The State v. Qurban Ali Chohan offence under sections 302, 34, P.P.C. bearing Crime No. 65/2013 registered at police Station Daharki, whereby the respondent was acquitted of the charge. 2. Facts leading to disposal of this appeal are that on 18.05.2013 at 1430 hours complainant Imtiaz Ali lodged the FIR alleging therein that his elder brother Ahmed Ali Soomro aged about 27/28 years was running Zong Franchise Company being a proprietor. About one week before the incident, accused Qurban called complainant from his house and disclosed that he has love affair with accused Imran alias Raju Bhatti, who takes money from him, but Ahmed Ali brother of complainant was getting closer to accused lmran alias Raju and he should ask his brother not to develop any friendship with Imran alias Raju, otherwise he would kill him. On 15-05-2013, at about 2300 hours at Mian Ghaffar Colony Road near WAPDA Office leading towards People Chowk, accused Qurban Ali along with accused Imran…

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